168 A.D.2d 901 | N.Y. App. Div. | 1990
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: On appeal from his conviction of criminal possession of a controlled substance in the first degree, defendant argues that the search of the home of his fiancée (now his wife) violated his Fourth Amendment rights.
Defendant has standing to contest the warrantless entry and search of his fiancée’s house. The uncontroverted testimony at the suppression hearing established that defendant was virtually a daily visitor, had a paternal relationship with her son, slept there 5 to 10 nights per month, and, at the time of the search, had been entrusted with the premises in the absence of his fiancée. Thus, defendant established that he was a regular and frequent overnight guest who may have stayed at his fiancée’s home the night before the search. In those circumstances, we conclude that defendant had a reasonable expectation of privacy in the home (Minnesota v Olson, 495 US —, —, 110 S Ct 1684, 1687-1690; United States v Sangineto-Miranda, 859 F2d 1501, 1510; United States v Haydel, 649 F2d 1152, 1155, mod on other grounds 664 F2d 84, cert denied 455 US 1022; State v Corpier, 793 SW2d 430 [Mo]; State v Carter, 22 Conn App 118, 576 A2d 572).
